THIS IS NOT A QUESTION, BUT A PLACE SOME PEOPLE MIGHT WANT TO REFER TO TO ANSWER THEIR OWN QUESTIONS SINCE IM NOT SURE WHERE ELSE I SHOULD POST THIS


All right guys so I'm fron ontario, canada and just wanted to share my experience I stole from and HBC store, about $10 worth. I was leaving the store and was caught red-handed with the merchandise. They brought me to the back room and then the police were brought in a while ago. I was told that I had to attend a fingerprinting and court date. My fingerprinting was 2 days ago. It was a very simple procedure that only took about 10 minutes. My court date was today. I went a bit early and was asking a lady about diversion but they gave me a form for that anyway, and as well, the other people with me who had committed the same crime (first offence of theft under $5000) also received that form. So there were 4 of us and we were sitting in the court room. The procedure was that a probation officer had a talk with us; it was like a lecture I guess. Then we saw a short video. This was our diversion program apparently. It was only an hr long. After the talk and the video, the crown attorney talked to us for a bit while we waited for the judge, talking nicely with us, and even cracking a few jokes. She explained to us that when the judge came (justice of the peace), all our charges would be dismissed. At this time the probation officer had left, and a clergy member had arrived. Finally, the "JP"(judge) arrived. We were called up one by one to stand at the podium and say our name. Then the crown attorney said we completed this diversion program, the judge said the charges were dismissed, and that we were free to go. I don’t have a criminal record. I asked a lot of questions about this going on a record and everything. What happened for me is that there is no criminal record at all, and that I wasn’t charged/convicted of anything. The only thing is that if I ever commit this crime again the charges will be severe. Also the only people that will know about this are the police. If background checks are done by employers, nothing will turn up. The crown attorney said also that after a yr, we can write a letter to the arresting officer, asking for our fingerprints to be destroyed, and after this they will be destroyed. I didn't have to do community service, write an apology letter, nothing. Also, a couple of people had a lawyer, which was pointless. We didn’t even have to talk at all. The only thing I had to say during the whole process was my name, when the judge asked me to do so. We all were treated the same, with or without lawyers. The whole time when we were there, the 2 people that had lawyers, their lawyers weren’t even there. For all of us, since it was our first offence the charges were dropped so getting a lawyer in my case wasn’t too important. Imp supposed to be getting a letter in the mail about paying to HBC I assume it will be a few hundred dollars. Overall this experience wasn’t as scary as I thought it would be. I made a stupid mistake just like you and I know now to never ever commit this crime again because if I do, next time, the consequences will be greater.

Yeah that is pretty much the procedure for first time offense. What gets me is the repeat offenders that keep stealing $10 (often even less) and up items and having to pay over $200. Fine for the item that would have only cost them way less in the first place.

Im not about to do it again its not some addiction it was the spur of the moment thing it was my first time even trying it, much less getting caught. This experience has shaken me up and made me feel so much guilt and I never want to go through it again.

Did you ever have to speak to a duty council?

I really appreciate this post, thanks~

How old are you?

Hi, I have a sister going through this process as well, if you don't mind, can you tell me how old you were at the time? I wonder if the situation might be different because my sister was 18 when she was caught shoplifting. And thanks a lot for posting this, it helped a lot!

I am happy they told you that the fingerprint records are destroyed, and perhaps locally they will be, now for some truth, Canada works with the US Dept of Justice and all people fingerprinted in either nation have their finger prints entered for id purposes. So your fingerprints will be there and on file for ever, they don't destroy their fingerprint records

CJIS Division Homepage (http://www.fbi.gov/hq/cjisd/ncic.htm)

So has anyone actaully tried to get their own criminal record check to see if its even on there?

I went through a similar process about 2 years ago myself, and I was over 18 when it happened so the stakes were definitely higher.

Taking into account I had pulled a similar (and just as stupid) stunt when I was 14 I was a bit familiar with the process, but scared out of my mind that I would end up with a criminal record and basically ruin my future due to a juvenile stunt with no valid excuse for doing it. I was given a thick report known as "full disclosure" which gives the reports written by the arresting officers as well as a report from the employee who had caught me. If it's your first offense (anything done while under 18 does not really have any bearing on it) most offenders are given the option that you were given. If you fulfill the terms of your probation, pay the fine etc that you were told to pay in the time you've been given then in one year the whole situation is wiped from your record.

If, however, you happen to make the same up during that one year probation then all of your past charges are brought back up and you'll have to answer for any dropped charges as well as your new ones.

When they wipe your record it means that any employer (or anyone else) who does a full background check on you it will not show up in the search. The record IS still available to police and the courts.

If you are arrested by the police 5 years after your record has been "wiped" when they pull up your file on their dash computers they have full access to everything that you've done. While I was in the back of the cruiser I was able to take a look at my own record and the arresting officer even made a comment to me about my arrest when I was 14. So they can look at your record no problem.

On the plus side; your future employers, schools etc will not be able to see any of your silly mistakes, but if you do something to catch the cops attention they have full access to what you've done and will respond to the situation with all of that information in mind.

Also, I have yet to have any kind of static while trying to cross the border into the US, as far as I know they can see your record (not 100% sure) but unless it's an offense that may make you a liability in the US they won't stop you from crossing the border.

Hope that helps!

Joerocket, what were you charged with two years ago and what was the result. I am asking because I am also concerned about entry into the US. I know someone who has a conditional discharge and was wondering about entry into the US>

Hi, Just wondering when the counsel asked if you are pleading guilty or not, what did you say?

Thanks!

How old were you when caught?

how old were you when caught?


The person who originally posted is 18

I would think you should plead guilty because you did it and if you plead not guilty it will look like you are not remorseful, in denial and negative things.

Joerocket, what were you charged with two years ago and what was the result. I am asking because I am also concerned about entry into the US. I know someone who has a conditional discharge and was wondering about entry into the US>

Conditinal discharge person has to wait 3 years from date of discharge ( or completion of probation ) see exact wording as quoted below:

"Absolute discharges are removed from Canada's records system (CPIC) one year after the sentence was given. Conditional discharges are removed from CPIC three years after the sentence was given"

You must check out if your record if removed from CPIC because when you cross the border, US officer might press a button on his computer to see if there is any record. Your offense details will appear as CPIC access is granted to US bordar officers. He will not like it and will download CPIC record into US computer system. Even if CPIC record was removed from CPIC, US border computer will have it and you will be asked to park you car and face questiones whenever you cross border.
In order to remove your record from US border computors you will have to hire a lawyer and seek pardon or whatever the procedure is. Bottom line : Never cross border before making sure CPIC has been purged.

Thanks a lot for this!
I was worried about what would happen in court but this has calmed my nerves quite a bit!
Thanks so much again <3

Thank you for this!!
I was extremely worried about what would happen with me at court on Thursday.
But I'm happy someone has given some insight to those who are worried about this situation!

Thanks so much

What ended up happening in court on Thursday?. I have to go in may and I am very scared! How old are you?. what happe! Please let me know!

Thanks!!

I have a question I was charged with theft under 5000 when I was 17 and received a full pardon within a year of my charges being dropped I am 31 and have been charged again for theft under 5000, it was error in judgement and a mind lapse, what would I be looking at this time is diversion a possibility.

Hello to everyone, I have same problem, my court is on 17 July, so so long wait, I ma 28 year old, please can some body tell me, are its different for the adult, I mean the court, and charges, Fraud under 5000 $ , y-the amount iz 65 $

Here is something I wrote about diversion - it varies from Province to Province but I see no indication that it is NOT limited to first time offenders. The idea is to give people arrested a first chance; everything I find says repeat offenders (and it stays on your record) are not eligible.

"“Ontario diversion program guidelines vary from region to region, courthouse to Courthouse. Eligibility for such a program is ALWAYS determined by the Crown Attorney’s office. There are no exceptions. You are not required to have legal counsel in order to apply.

If the offense - theft - is not major (property was recovered, not a large amount, not a repeat offender) the Crown Attorney MAY approve eligibility into the diversion program prior to the Court appearance. If there are prior dealings with the Police - and charges do not have to be placed, any prior dealings of a negative nature - the person will most likely not be eligible for the diversion program.

As part of the diversion program the eligible person will have to agree to complete certain tasks or obligations - perhaps watch a video, make a donation or volunteer time to a not-for-profit, write a paper on the crime.

When the tasks/obligations have been competed to the satisfaction of the Crown’s Attorney he/she will recommend to the Judge that the criminal charge (usually, theft) be withdrawn.

Each courthouse in Ontario has a different diversion program and eligibility requirements differ from region to region. Eligibility for the diversion program is always determined by the Crown Attorney's office. If they deem a theft offence to be of a minor nature (usually a small quantity of merchandise was taken and the property was recovered), the Crown may pre-approve eligibility into the diversion program. A person will not generally be eligible for diversion if they have had prior dealings with the police (even if it did not result in a criminal charge being laid). Once in the diversion program, the eligible candidate may be asked to complete one of a number of different tasks. In some jurisdictions, a person charged with theft may be required to watch a video on shoplifting. In other jurisdictions they may be required to make a donation to charity or complete a minimum number of community service hours - or both. Regardless of the requirements, the end result is usually the same. Once the diversion program has been completed to the satisfaction of the Crown Attorney, the Crown will recommend to the court that the criminal charge of theft be withdrawn against the accused person. This will result in the accused person maintaining a clean record (assuming they didn't have a prior criminal record).

If a person is not pre-screened as eligible for the diversion program, a lawyer may be able to convince a Crown Attorney to reconsider their decision.”

That eases my mind! I hope my experience is like yours! I am losing sleep and everything over this but nothing like this has ever happened to me and I'm terrified of a criminal record since I can't have one for work (gets checked yearly!) This is definitely a one-time mistake that will NEVER be repeated!

So, this JUST happened to me 2 hours ago. I made a very stupid mistake and am now wondering what kind of trouble I am going to have in the future.
What happened was I took 90.00 dollars worth of beauty products from a very large chain of grocery stores. I admit that this was beyond stupid and I do realize that. HOWEVER, the amount was UNDER 100.00 and yet I got arrested by the loss prevention officer of the store (is it really arrest if it's not a police officer? ) and they released me saying that I would be getting a summons by mail for court.
Is there a way to deal with this WITHOUT it showing on my record? Or when I go for Criminal Record Checks for future employment? (Can it be expunged?)

Where? In Canada? Yes, you can be arrested for ANY shoplifting, any amount.

Need to know where.

Thank you so much this has actually helped me calm my nerves thank you.

JudyKayTee , it happened in Winnipeg in Safeway. The occurrence was January 20 2011. Two days after that I mailed an apology letter to the management and said how sorry and stupid it was. I have NOT re-offended in any way. As of this writing (Sep 29 2011) I have yet to hear anything. No summons, no letters. I figured maybe my letter worked and the store decided NOT to prosecute me. My friend seems to think otherwise and that I may have slipped through the cracks of the system.

I don't know what to do.

Anyone have experience with this...
I am newly enrolled in a health care program-Ontario College, and my police check revealed that 5 yrs ago (when I thought I was cool), I was a "person of interest" fingerprinted, NEVER charged, never even went to court, NOTHING... I was dating someone who got busted for coccaine possibly dealing, I really don't know the details. Anyway, I didn't have any involvement at the time with him and that was the end of it from the law point of view.
Fast forward 5.5yrs later, and now my prof is stating that this "will be a problem for future employment, possibly even placement during the course load" How can that be? I never EVER even went to court or anything, and the police report reflects all of this. I don't know how to fix this... any ideas, advice?

Hi there,

If you were not charged or convicted, you can get your record expunged. If it was only an arrest it will not show on your CPIC (Vulnerable sector) AFTER you've had it expunged.

It will be available in your local police database however.. but not available for release to just anyone.

Call your police department, they'll be able to assist you with the purging process.

@boytoy77 (or anyone who can help):
I am over 18 and have been charge for theft under $5000 at Superstore. The Same situation happened to me and have the same questions you do. The LP worker told me the police were coming to take my fingerprints, question me, file a report, etc. But the only thing that happened was I heard the LP worker calling someone and giving them my info (filing a report, I guess). When he came back he mentioned I'd get a summon but I don't know if this is actually happening since I thought a more formal report may have needed to be done for this.

Did you eventually receive the summon letter? If so, do you have any idea when I should be expecting it? If you went to court, could you please share your experience.

Thanks.

I was caught when my girlfriend was with me, she was detained by store staffs as well. I am 100% sure that the store has no proof to charge her as she didn't touch those clothes at all. But when police came they gave both of us blue forms, notice to appeal, for two set dates to get finger prints and court appearance. How can they charge her and how can she fight for it We both have no criminal records.

You'd have to ask the Police how they can charge her. Perhaps she is being charged as a lookout or accomplice.

You were charged because the store thinks you were stealing.

She can get an Attorney and fight the charge.

Is an Attorney a must? My plan is that I will plead guilty and hopefully will get a diversion at the first court appearance as this is my first. I think my wife can plead not guilty and a trial may be set as the store has to prove that she was committed a crime, right.

I was the one taking a purse from its counter and handing it to her; then I said I paid for it and she is free to use it right away. She trusted me and used it in the store. The store may only has a video showing that I passed the bag to her. That is it. What do you think? Great thanks!

I think it will appear that she was an accomplice. You handed her the purse in the store and said you paid for it and she believed you?

Yes, ask the Crown Attorney about diversion. Question is - if your wife is innocent is she willing to plead guilty and accept diversion?

She intends to plead not guilty and I told her that she may win if we she hires an attorney. I will pay for it of course. What do you think? I ask her to see how probation officer says on that day and decide to plead yes or not. Me, for sure will ask for a diversion. What is my chance? Do I need an attorney as well? Your time is appreciated.

A bit more details here is that the purse counter is about 150' away from where I passed it to her, so she had no idea what I did for that 10 minutes as we were not walking together. I told her I would look for something else. Is it hard to convince court judge that she was innocent?

I don't know about a Judge, but I'm not convinced of her innocence.

You were shopping together, you were ahead of her, you turned around and handed her a purse and said you had bought/paid for it for her - and she didn't wonder how you paid and she didn't notice?

Thanks for your comment. Your assumption is valid and it will be hard to convince a judge for sure. What about me, is a diversion possible? If I don't get it, will it be too late to get an Attorney to appeal? I just got a feel that it is highly possible so an Attorney may not be necessary in the appearance at court in Alberta. Thanks again!